Consumer Affairs and Fair Trading (Infringement Notices) Regulations (NT)
NORTHERN TERRITORY OF AUSTRALIA
consumer affairs and fair trading (infringement notices) regulationS
As in force at 9 October 2002
northern territory of australia
This reprint shows the Regulations as in force at 9 October 2002. Any amendments that commence after that date are not included.
consumer affairs and fair trading (infringement notices) regulations
Regulations under the Consumer Affairs and Fair Trading Act
These Regulations may be cited as the
In these Regulations, unless the contrary intention appears:
If the Commissioner reasonably believes that an offence has been committed, he or she may serve an infringement notice on the offender.
An infringement notice is to have clearly shown on it:
(a) the name of the offender, if known;
(b) the date, time and place of the offence;
(c) the nature of the offence and the penalty payable in accordance with regulation 5;
(d) the place or places at which the penalty may be paid;
(e) the date of the infringement notice and a statement that the penalty may be paid within 28 days after that date; and
(f) a statement to the effect that, if the appropriate amount specified in the infringement notice as the penalty for the offence is tendered at a place referred to in the notice within the time specified in the notice, no further action will be taken in respect of the offence.
The penalty payable for the purposes of these Regulations for an offence against a provision of the Act specified in column 1 of the Schedule is the number of penalty units specified opposite the provision in column 3.
(1) If the amount of the penalty specified in an infringement notice is paid in accordance with the notice, the offender is taken to have expiated the offence by paying the penalty and no further proceedings are to be taken in respect of the offence.
(2) If the amount of a penalty specified in an infringement notice is paid by cheque, the amount is not taken to have been paid unless the cheque is cleared on presentation.
These Regulations:
(a) do not prevent more than one infringement notice being served in relation to the same offence but it is sufficient for the application of regulation 6 to a person on whom more than one notice has been served for the person to pay the amount of the penalty in accordance with any one of the notices;
(b) do not prejudice or affect (except as provided by regulation 6) proceedings being instituted or prosecuted, and do not limit the penalty that may be imposed by a court, in relation to an offence; and
(c) are not to be construed as requiring an infringement notice to be served or as affecting the liability of a person to be prosecuted in a court in relation to an offence in respect of which an infringement notice has not been served.
regulation 2
Column 1 | Column 2 | Column 3 |
SECTION OF ACT | DESCRIPTION OF OFFENCE | PENALTY |
Section 99(2) | Supplier or dealer placing prohibited term in contract | 5 penalty units |
Section 101(2) | Supplier or dealer failing to comply with requirement for prescribed contracts | 5 penalty units |
Section 102(1) | Supplier or dealer accepting money etc. before cooling-off period expires | 5 penalty units |
Section 102(2) | Supplier providing services before cooling-off period expires | 5 penalty units |
Section 103 | Dealer calling during prohibited times | 5 penalty units |
Section 104 | Dealer failing to indicate purpose of call etc. | 5 penalty units |
Section 105 | Dealer failing to leave premises when requested | 5 penalty units |
Section 106(1) | Person harassing or coercing consumer | 5 penalty units |
Section 106(2) | Person harassing or coercing consumer | 5 penalty units |
Section 112(1) | Person attempting etc. to take action when contract rescinded | 5 penalty units |
Section 116(3) | Reporting agency or trader including prohibited information in report | 5 penalty units |
Section 117 | Trader failing to disclose receipt of prescribed report | 5 penalty units |
Section 118(1) | Reporting agency failing to disclose information held etc. | 5 penalty units |
Section 118(3) | Reporting agency failing to disclose information in readable form | 5 penalty units |
Section 118(4) | Reporting agency requiring undertaking etc. | 5 penalty units |
Section 119(3) | Reporting agency or trader not informing objector within 30 days of action | 5 penalty units |
Section 119(4) | Reporting agency or trader not giving notice of alterations to information | 5 penalty units |
Section 119(7) | Reporting agency or trader not including notice of appeal in report provided | 5 penalty units |
Section 129(1)(a) | Motor vehicle dealer trading other than at place of business specified in licence | 5 penalty units |
Section 129(1)(b) | Motor vehicle dealer displaying vehicle adjacent to licensed premises | 5 penalty units |
Section 130 | Motor vehicle dealer breaching terms or conditions of licence | 5 penalty units |
Section 144(4) | Personal representative failing to produce licence for endorsement after death of motor vehicle dealer | 2 penalty units |
Section 150(3) | Motor vehicle dealer failing to produce licence for endorsement | 5 penalty units |
Section 153(1) | Motor vehicle dealer failing to display licence | 2 penalty units |
Section 157(1) | Motor vehicle dealer failing to maintain dealings register | 5 penalty units |
Section 158(1) | Motor vehicle dealer failing to enter dealings into dealings register | 5 penalty units |
Section 160(1) | Motor vehicle dealer using contract that is not in prescribed form | 5 penalty units |
Section 161(1) | Motor vehicle dealer displaying or offering vehicle with odometer altered or replaced without Commissioner’s consent | 5 penalty units |
Section 161(2) | Person offering to sell vehicle to dealer without disclosing that odometer has been altered or replaced | 5 penalty units |
Section 161(3) | Motor vehicle dealer failing to disclose alteration or replacement of odometer | 5 penalty units |
Section 163(1) | Motor vehicle dealer selling or displaying vehicle without vehicle indentification number affixed | 5 penalty units |
Section 164(a) | Motor vehicle dealer displaying for sale registered interstate vehicle | 5 penalty units |
Section 164(b) | Motor vehicle dealer displaying for sale vehicle that has interstate plates | 5 penalty units |
Section 166(1)(a) | Motor vehicle dealer purchasing etc. vehicle from person under 18 years without consent of parent or guardian | 5 penalty units |
Section 166(1)(b) | Motor vehicle dealer selling etc. vehicle to person under 18 years without consent of parent or guardian | 5 penalty units |
Section 167 | Motor vehicle dealer submitting document for signature without all material particulars completed and irrelevant particulars deleted | 5 penalty units |
Section 172(1)(a) | Motor vehicle dealer selling vehicle without authority in prescribed form | 5 penalty units |
Section 172(1)(b) | Motor vehicle dealer offering or displaying vehicle without authority to sell in prescribed form | 5 penalty units |
Section 172(3)(a) | Motor vehicle dealer failing to give owner copy of prescribed authorisation to sell | 5 penalty units |
Section 172(3)(b) | Motor vehicle dealer failing to keep copy of prescribed authorisation for 3 years | 5 penalty units |
Section 174 | Motor vehicle dealer failing to display notice at place of business | 2 penalty units |
Section 175 | Motor vehicle dealer publishing etc. advertisement not containing LMVD number etc. | 2 penalty units |
Section 176(1) | Motor vehicle dealer failing to ensure person is present and in charge of business | 5 penalty units |
Section 178 | Motor vehicle dealer failing to notify Commissioner that partnership dissolved | 5 penalty units |
Section 194(2)(a) | Travel agent carrying on business under unauthorised name | 5 penalty units |
Section 194(2)(b) | Travel agent carrying on business at unauthorised place | 5 penalty units |
Section 195(6) | Travel agent failing to comply with condition or restriction of licence | 5 penalty units |
Section 201 | Travel agent failing to return suspended or cancelled licence | 5 penalty units |
Section 203(4) | Travel agent failing to produce licence for endorsement | 2 penalty units |
Section 205(3) | Travel agent failing to comply with requirement imposed by Commissioner | 5 penalty units |
Section 209 | Travel agent failing to display prescribed notice | 2 penalty units |
Section 210 | Travel agent failing to include name and licence number in advertisement | 2 penalty units |
Section 211 | Travel agent issuing document that is not endorsed with name | 2 penalty units |
Section 212(1) | Travel agent failing to keep accounting records for 7 years | 5 penalty units |
Section 213 | Travel agent failing to ensure person with prescribed qualifications or experience is in charge of day-to-day business | 5 penalty units |
Section 267(4) | Pawnbroker or second-hand dealer failing to return licence after notice of licence suspension | 2 penalty units |
Section 274 | Pawnbroker or second-hand dealer failing to display sign | 2 penalty units |
Section 275(3) | Pawnbroker or second-hand dealer failing to produce records to authorised officer | 2 penalty units |
Section 276 | Pawnbroker or second-hand dealer entering into contract with person who is under 18 years or who is apparently affected by alcohol or drug | 5 penalty units |
Section 277(1) | Pawnbroker or second-hand dealer failing to establish identity of contracting person | 5 penalty units |
Section 279 | Pawnbroker failing to keep records of details of contracts | 5 penalty units |
Section 280(3) | Pawnbroker failing to ensure statement bears original signature of person | 2 penalty units |
Section 281(1) | Second-hand dealer failing to ensure details are recorded | 5 penalty units |
Section 282(2) | Second-hand dealer failing to ensure receipt and copy contain signature of person | 2 penalty units |
Section 283(1) | Pawnbroker failing to keep records, in prescribed form, for a year | 5 penalty units |
Section 283(2) | Second-hand dealer failing to keep records, in the prescribed form, for a year | 5 penalty units |
Section 283(3) | Pawnbroker or second-hand dealer failing to keep records at nominated premises | 5 penalty units |
Section 283(4) | Pawnbroker or second-hand dealer failing to ensure records are kept at nominated premises | 5 penalty units |
Section 283(5) | Pawnbroker/second-hand dealer failing to keep pawnbroker records separate from second-hand dealer records | 5 penalty units |
Section 283(6) | Pawnbroker or second-hand dealer failing to produce records to authorised officer | 5 penalty units |
Section 284 | Pawnbroker or second-hand dealer tampering with records | 5 penalty units |
Section 285(1) | Pawnbroker failing to ensure goods carry contract number | 2 penalty units |
Section 285(2) | Second-hand dealer failing to ensure goods carry contract number | 2 penalty units |
Section 289 | Pawnbroker failing to keep goods at business premises or storage premises to which licence applies | 5 penalty units |
Section 290 | Pawnbroker failing to deliver goods to person | 5 penalty units |
Section 291(2) | Pawnbroker failing to advise police of reasons for non-delivery of goods and name etc. of person | 2 penalty units |
Section 292 | Pawnbroker redeeming to person other than holder of pawn ticket | 5 penalty units |
Section 293(1) | Pawnbroker selling pawned goods before redemption period has expired | 5 penalty units |
Section 293(2) | Pawnbroker not selling non‑redeemed goods as soon as practicable or for best price | 5 penalty units |
Section 294(1) | Pawnbroker buying goods pawned or sold to pawnbroker | 5 penalty units |
Section 294(2) | Partner or officer etc. of pawnbroker buying goods pawned or sold to pawnbroker | 5 penalty units |
Section 296(1) | Pawnbroker failing to calculate charges and record details of sale | 2 penalty units |
Section 296(2) | Pawnbroker not allowing other party to contract to inspect records | 2 penalty units |
Section 297(1) | Pawnbroker failing to send notice of sale | 2 penalty units |
Section 299 | Second-hand dealer altering goods within 14 days after obtaining them | 5 penalty units |
Section 300 | Second-hand dealer failing to keep goods at business premises or storage premises | 2 penalty units |
Section 301(1) | Pawnbroker charging or receiving fee other than interest | 2 penalty units |
Section 302 | Pawnbroker pawning goods that are pawned to him or her | 5 penalty units |
Section 311(4) | Pawnbroker or second-hand dealer failing to comply with police requirement | 5 penalty units |
Section 315 | Pawnbroker or second-hand dealer failing to notify police of suspicion | 2 penalty units |
Section 316 | Pawnbroker or second-hand dealer failing to provide prescribed records or information or access to them to prescribed persons | 5 penalty units |
Section 317(4) | Pawnbroker or second-hand dealer failing to comply with notice | 5 penalty units |
Section 318(2) | Pawnbroker, second-hand dealer or employee failing to deliver goods or make application | 5 penalty units |
Section 326(2) | Pawnbroker failing to notify pawn ticket holders of rights and obligations of pawnbroker on sale of business | 2 penalty units |
Section 326(3) | New owner of pawnbroking business failing to advise pawn ticket holders of his or her purchase of business | 2 penalty units |
1 KEY
Key to abbreviations
2 LIST OF LEGISLATION
Notified | 9 October 2002 |
Commenced | 9 October 2002 |
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